IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2018 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.689/2013 BETWEEN:
1. Shivarathna, Major D/o. Rajashekaraiah R/o. Siddappanapalya Hebbur Hobli Tumkur Taluk and District.
2. Naveena, Major S/o. S.R.Murthy R/o. Shettykere at Post Chikkanayakanahalli (T) Tumkur District. …Petitioners (By Smt. Shivarathna, Advocate for Petitioner 1 And Sri. Naveena, Advocate for Petitioner 2 (Absent)) AND:
1. State of Karnataka, represented By State Public Prosecutor High Court Building Bengaluru-1.
2. S.Siddesh S/o. Basavaraju Aged about 39 years S.S.Puram 4th Cross, Tumkur-572 101. …Respondents (By Sri. Chetan Desai, HCGP for R1 Sri. K.Shantharaj, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the proceedings in C.C.No.4296/2012 on the file of the III Additional C.J. & J.M.F.C., Tumkur, in so far as it relates to the petitioner by allowing this petition.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Learned counsel for the petitioners submits that, he has filed a memo seeking permission to retire for the petitioners and he has submitted that the party has taken out the file from him with no objection and he has telephoned and informed to the party with regard to the case is posted today. In spite of that, petitioners are absent. As the matter is pretty old of the year 2013, no purpose would be served if further adjournment is granted.
The learned HCGP submits that matter is set down for evidence before the trial Court. Under the above such circumstances, the petition is dismissed for non prosecution.
Sd/- JUDGE SB